Our Terms | ServerChoice.com

Terms & Conditions

These terms and conditions shall apply to the Agreement between ServerChoice of 3 Maple Park, Essex Road, Hoddesdon, Hertfordshire EN11 0EX, United Kingdom (SC) and, the individual or company applying for the provision of services by SC ("Customer"). It is hereby agreed that:

1. Definitions

In this Agreement, the following expressions shall have the following meanings:

Agreement: the agreement between SC and the Customer for the provision of Services formed by these terms and conditions and the Order
Clientware: the data, text, images, graphics, videos, logos and other content and material, equipment, cabling, systems and software provided by the Customer in connection with the Services
Commencement Date: means the date upon which SC confirms acceptance of the Customer's offer to pay for the Services in accordance with these terms and conditions
Confidential Information: information which is identified as confidential or proprietary by either party or the nature of which is clearly confidential or proprietary
Contract: the contract for the provision of the Services which arises from the acceptance by SC of an Order and which shall be on and subject to theie terms and conditions
Duration Period: is the period commencing on the Commencement Date and expiring on the date the Agreement is terminated in accordance with Clause 6 of these Conditions
Fees: the fees (including any VAT) due for the provision of the Services as calculated in accordance with the Price List
Hardware: the equipment, cabling and systems provided by SC in connection with the Services
Inappropriate Material: material that under the laws of any jurisdiction where the material can be accessed is any of the following:- unlawful, threatening, abusive, harmful, malicious, obscene, pornographic, is deemed Unacceptable Adult Material, profane, libellous, defamatory, breaches the rights (including without limit IPRs) of any third party, constitutes or encourages a criminal offence or contains a virus, worm, trojan horse or other harmful code
Intellectual Property Rights (IPRs): copyrights, patents, registered and unregistered design rights, topography rights, trademarks and service marks and applications for any of the foregoing, together with all trade secrets, know-how, rights to confidence and other intellectual and industrial property rights in all parts of the world;
Material: text, graphics, images, sound, video or any combination thereof
Netiquette: the generally accepted standards for use of the Internet such as but not limited to sending bulk unsolicited Email, mail bombing, misrepresenting the holding of third party authorisation and impersonating another person
Order: the Customers application for the Services through an Order Form or by adding items to their shopping basket and proceeding to the checkout phase. Completion by Customer indicates which Services it requires and its agreement to these terms and conditions governing such provision
Price List: prices for each of the Services as available on the SC Website
Relevant Legislation: laws relating to data protection and any laws governing Inappropriate Material;
Server: the computer server equipment operated by SC in connection with the provision of the Services
ServerChoice Website: any Website or micro site trading under the ServerChoice name
Services: the services identified in an Order to be provided by SC to Customer including without limitation Virtual Private Servers, Dedicated Servers, Data Transfer, Hardware, Storage Space, Backups, Firewalls and Software together with details of the Clientware pursuant to these terms and conditions and any others specified by SC on such Order
Service Level Agreement (SLA): the level of performance to be provided by SC to the Customer in respect of the Services, as set out on the Order
Software: the computer software programs provided by SC in connection with the Services
Suspension Event: any event that places the Customer in breach of their obligations under this Agreement or in breach of these terms and conditions
Technical Requirements: in order for the Service to be provided certain technical prerequisites may be stated
Unacceptable Adult Material: includes any nudity, erotic images, sexually oriented material, or sexual themes
Website: a website on the World Wide Web
Working Day: a day other than a Saturday or Sunday on which the Clearing Banks in the United Kingdom are open to the public for the transaction of business
Working Hours: 9am to 5.30pm on each Working Day

2. Fees and Terms

Subject to payment of the Fees and this Agreement SC will provide the Service and/or Equipment specified in the Customer Order.
The Customer agrees to make payment for the Service as follows.
1. any initial Fees by debit or credit card payment;
2. any reoccurring Fees by debit or credit card or direct debit.
No Service will commence or be processed until the initial payment has cleared.
If Customer fails to pay any invoice which is due and payable under this Agreement, SC shall be entitled to charge interest on a daily basis on the overdue amount and on outstanding interest from the date of such failure until payment (until judgement) at an annual rate 4% above the base rate for the time being in force of Barclays Bank plc.
The Customer acknowledges that the provision of the Service is conditional on SC receiving payment of the Fees in full. In the event of non payment of Fees, or suspected fraudulent activity in relation to payment of Fees by the Customer, SC reserves the right forthwith to withhold, suspend or cancel the Service without further obligation to the Customer.
The Service minimum Contract Term is one (1) month from the Commencement Date subject to Clause 2.7.
Where the Service is ordered in conjunction with the 'Recommend A Friend' promotion the minimum Contract Term is two (2) months from the Commencement Date.
the Customer must provide one (1) month notice of cancellation of any Service.
Discounts or promotions may not be used in conjunction with one another. Only one (1) discount or promotion may be used per Customer Order.
The terms of the Contract contain the whole agreement between SC and the Customer in relation to the Service detailed in the Order thereto. All other understandings, agreements, warranties, conditions, terms or representations, whether express or implied, statutory or otherwise, are excluded to the fullest extent permitted by law.
For the purposes of this Agreement, time of payment is of the essence.
All transactions are subject to UK VAT at the rate of 17.5% unless otherwise stated.
All prices may be increased subject to the base rate of inflation as calculated by the Bank of England. The Customer will be given one months notice of any price changes.
SC reserves the right to make additional charges for data transfer above any limit stated for products that include data transfer, at the prevailing rate of £0.01 per MB(Megabyte), as published in this agreement from time to time.

3. Customer Data and Authorisation

The Customer acknowledges and accepts that to enable SC to properly provide the Service the Customer must co-operate with SC as required by SC and, in particular:
1. ensure that all communication details which are provided to SC are at all times true, current, accurate and complete and the Customer shall promptly notify SC of any such alterations thereto from time to time and the Customer acknowledges that SC shall not be liable for any costs, damages or loss which the Customer may suffer or incur as a result of failure to notify such changes to SC;
2. obtain the consent of individuals whose personal data are to be held or are otherwise provided to SC.
3. The Customer must inform SC of any change to their telephone, email or other contact addresses prior to the change becoming effective. Any such change may impact on the Service offered to you, and may incur further charges.
4. The Customer hereby appoints SC to act on its behalf in conjunction with the provision of the Service.
5. SC undertakes to comply with all applicable UK Data Protection legislation. By placing an Order and /or using the Service the Customer consents to SC using and/or disclosing the Customer's personal data as follows:
6. disclosing certain personal details details to a bank, credit card operator or other payment processor for the purposes of setting up a continuous payment authority;
7. providing or arranging for third parties to provide any part of the Service including but not limited to fulfilment of Equipment or Software;
8. providing the Customer with announcements including but not limited to instructions, information, changes to the products, Service and prices, organisational and administrative changes and any other relevant information.
SC confidentiality obligations under Clause 3.5 shall not apply to any information which:
1. is or subsequently becomes available to the general public other than through a breach by the receiving party;
2. is already known to the receiving party before disclosure by the disclosing party;
3. is developed through the independent efforts of the receiving party;
4. the receiving party rightfully receives from a third party without restriction as to use.

4. SC's Obligations

SC will provide the Service with reasonable skill and care in accordance with the provisions of this Agreement and the Customer Order.
If SC are unable to provide the Customer with the Service because the Technical Requirements cannot be satisfied, such satisfaction to be determined solely by SC, then SC will notify the Customer as soon as possible.
SC will use reasonable endeavours to provide the Service by a date provisionally agreed with the Customer. Time is not of the essence and SC will not be liable for failure to meet any date.
SC shall notify the Customer when the Service is active and the Customer shall (as soon as reasonably practicable and in any event within two (2) Working Days) review and assess the Service against the agreed Service level set out in the Order. If the Customer reasonably considers that the Service does not meet the agreed Service level then it shall immediately notify SC and provide details of the same.
SC shall use its reasonable endeavours to rectify any failure of the Service to meet any agreed Service level (except where such failure is due to the occurrence of any Suspension Event) as soon as reasonably practicable whereupon it shall notify the Customer which shall reassess the Services as above. If the Customer does not notify SC within two (2) Working Days of installation or (where SC rectifies the Service) notification of completion of rectification of the Service, then the Customer shall be deemed to have accepted the Service and the Service shall be deemed to meet the agreed Service level as at the date of installation or rectification.
The Customer acknowledges that it is technically impractical to offer a Service that is fault free. SC shall provide support to report any faults on the following telephone number 08700 845 112 or any other such number which is from time to time notified to the Customer via the SC Website.
The Customer acknowledges that SC can not warrant that the Service shall be interruption free. The Service may be suspended for operational reasons (e.g. maintenance, upgrades, improvements etc.) or emergencies. SC shall use reasonable endeavours to give the Customer as much notice as possible, but this may not always be possible and SC shall not be liable to the Customer or to any third party for failure to give such notice.
The Customer acknowledges that the obligations of SC to provide the Service shall be dependant upon the Customer satisfying all of the Technical Requirements.

5. Customer Obligations

The Customer acknowledges that SC or its suppliers may from time to time:
1. for operational reasons make changes to its network;
2. change the technical specification of the Service;
3. give the Customer instructions which it reasonably believes are necessary for reasons of health, safety or the quality of the Service.
The Customer agrees that they shall:
1. immediately notify SC if they become aware of any unauthorised use of the Service;
2. remove or prevent access to any material which is hosted on any of the Hardware which causes or is likely to cause the Customer to be in breach of the Contract;
3. ensure that it has all necessary consents, permissions and licences to make use of the Service including without limit registration under the Data Protection Act 1984 and 1998;
4. ensure that all material or data hosted by SC on any web site operated by the Customer from time to time or communicated through such site is checked for viruses and other harmful code;
5. be responsible for keeping regular back ups of all material and data hosted by SC on any server or web site operated by the Customer from time to time;
6. ensure that all passwords are at all times kept confidential, used properly and not disclosed to unauthorised people and if the Customer has any reason to believe that any password has become known to someone not authorised to use it or if any password is being or is likely to be used in an unauthorised way or of any other breach of security then the Customer shall inform SC immediately;
7. be entirely liable for all activities conducted and charges incurred under its passwords whether authorised by it or not and the Customer acknowledges that SC shall not be liable for any loss of confidentiality or for any damages arising from the Customer to comply with this Agreement;
The Customer agrees that they shall not:
1. use the Service or allow them to be used for any unlawful purpose or for the publication, linking to, issue or display of any Inappropriate Material whether under English law or regulation, the laws or regulations of the Customer country or any other place where the results of such purpose or such material can be accessed;
2. use the Service or allow them to be used for the publication, linking to, issue or display of any material which in the absolute discretion of SC may harm SC or any of its Customers or bring SC into disrepute or may call into question any action taken by SC on the Customer's behalf;
3. use the Service to send, provide, facilitate or knowingly receive responses to any spam or unsolicited advertising or promotional material;
4. provide any technical or other information obtained from SC and/or relating to the Service or this Agreement to any person, company, firm or government which the Customer knows or ought reasonably be aware may directly or indirectly lead to a breach of any English law or regulation;
5. use the Services in a manner which infringes a third party's copyright or other intellectual property rights of whatsoever natures;
6. use the Services in any way that leads to a risk of or causes an excessive load on the server or network provided by SC in connection with the Service; and /or
  1. restricts or inhibits any other user from using or enjoying the products and Service's of SC and SC's suppliers;
  2. use the Service in connection with the carrying out of any fraudulent, criminal, or any other illegal activity;
  3. be in breach of any reasonable instructions given by SC;
  4. not be in breach of any reasonable instructions given by SC;
  5. sell or resell the Service.
Certain Service's are provided with data-transfer limits. The Customer shall be responsible for all data-transfer and use of the Service, and shall be liable for all costs incurred as a result.
The Customer acknowledges that in order to make proper use of the Server Service it should have a basic knowledge of how the Internet functions and what types of use are and are not acceptable. The Customer acknowledges that SC shall have no obligation to:
1. manipulate any material which the Customer wishes to and/or does post on any server or web site it operates or any communication which it issues or sends in connection with any of the Services;
2. validate or vet such material for usability, legality, content or correctness.

6. Servers

All Material which the Customer wishes to post on a Server will be in a condition which shall be server-ready and which requires no additional manipulation on the part of SC.
The Customer recognises that using SC's Server service requires a certain level of knowledge on Customer's part in the use of Internet languages, protocols and software. The following examples are offered:
1. Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTP, graphics, sound, text, image mapping etc.
2. CGI scripts: requires a knowledge of the UNIX environment, Telnet, TAR and GUNZIP commands, Perl, Bash Shell, permissions etc.
The Customer warrants that it has the necessary knowledge referred to in Clause 6.2 above and acknowledges that it is not the responsibility of SC to provide such knowledge or to provide the customer support, and that any assistance that may be given is offered purely on a goodwill basis unless otherwise agreed in writing with SC
The Customer acknowledges and accepts that it bears sole responsibility, legal and otherwise, for the content of all Material appearing on its Server. For the avoidance of doubt, this clause shall apply to all Material, whether posted on the Customer's Server and/or Website by or on behalf of Customer (whether by SC or a third party).
Customer warrants, represents and undertakes in relation to all Material that:
1. it is not Inappropriate Material;
2. Customer either has sole ownership of all Intellectual Property Rights in such Material in each jurisdiction from which the Server and/or Website may be accessed and/or has obtained full and effective licence(s) from all relevant third parties allowing Customer or a third party acting on behalf of Customer to use the Material and to permit its dissemination worldwide.
Customer undertakes not to link to any Inappropriate Material from its Website.
SC shall retain the right at all times to refuse access and to suspend availability of the Server, place a prominent notice in its place where an allegation of defamation or Intellectual Property Right infringement is made by a third party. The Customer undertakes to remove any Material already appearing on the Website which in the opinion of SC may under the laws of any jurisdiction from which it is possible to access the relevant Website:
1. constitutes or would if posted constitute Inappropriate Material;
2. breaches or would if posted breach Relevant Legislation or any other applicable regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory);
3. harms or would if posted harm the reputation of SC in any way.
SC's rights to suspend availability of the Customer's Server and/or remove content under Clause 6.7 above shall be without prejudice to Customer's sole responsibility for content of the Server under Clause 6.5 and to the warranties given by the Customer relating to that content in Clause 6.6
Posting of Material by SC on the Server shall not under any circumstances constitute a waiver of any of its rights in relation to such Material or of its rights in relation to any breach of Customer's obligations under this Agreement.
The Customer undertakes not to embark on any course of action, whether by use of its Server or any other means, which may cause a disproportionate level of Network activity without providing at least seven day's prior notice in writing to SC.
The Customer undertakes not to utilise excessive amounts of bandwidth (for example by connecting for an excessive amount of time, repeatedly engaging site-local scripts or similar behaviour) , such limits to be determined solely by SC, when using the Server Service;
The Server Service has a per month data transfer limit. If the Customer exceeds this limit they will be charged for the additional data transfer accrued. SC will endeavour to let the Customer know if its data transfer use exceeds the agreed level, however it is the Customer's responsibility to monitor the data transfer being used by it from time to time using the Server Service control panel.

7. E-mail

Customer undertakes that it will not (and will ensure that others under its control will not) via e-mail:
1. transmit Inappropriate Material;
2. infringe the Intellectual Property Rights of any third party;
3. make use of the Server to an extent or in a manner which in SC's reasonable opinion is excessive, wasteful or otherwise to the detriment of SC, any of SC's customers or any other third party, including but not limited to;
4. the transmission of spam e-mail, unsolicited advertising or promotional material;
5. the transmission of insulting criticism or remarks intended to incite anger.
When sending e-mail, Customer acknowledges that it is responsible for complying with any Relevant Legislation.
Customer acknowledges that SC is not responsible for the security of the contents of e-mail sent or received by Customer.
SC will use its reasonable endeavours to ensure that messages are routed accurately and promptly but does not accept any liability for non-receipt, non-delivery or misrouting of e-mail or any other failure of the e-mail system.
SC's policy is to respect the privacy of e-mail messages sent, received forwarded or otherwise dealt with by it and the Customer acknowledges that SC will therefore not monitor, edit or disclose the contents of such messages unless required to do so by law or competent authority or to protect SC's rights and/or position. Privacy Policy

SC will use its reasonable endeavours to ensure that messages routed through the virus filtering system are free from viruses but does not accept any liability for any loss of data or for any damages arising from viruses that do not get detected by the virus filtering system.

Suspension and Termination

SC may suspend the provision of the Service or any part thereof and/or disconnect the Customer's facilities if and to the extent that:
1. SC is obliged to comply with an order, instruction or request of a court, government, agency, emergency service organisation or other competent administrative or regulatory authority;
2. SC or SC's suppliers have reasonable grounds to believe that the Service is being used fraudulently or illegally, provided that any such suspension shall only affect the Service subject to such fraud or illegality;
3. The Customer's use of the Services may damage or disrupt the proper functioning of the Service.
SC shall give the Customer as much notice of a suspension under Clause 8.1 above as is reasonably practicable in all the circumstances and shall re-establish provision of the Service as soon as reasonably practicable following the removal of the cause of suspension.
SC may terminate this Agreement by notice in writing to the Customer having immediate effect if:
1. the Customer is in breach of any of its obligations under this Agreement;
2. the Customer is a company and a resolution is passed for its winding up or a petition for its liquidation is presented;
3. Customer is an individual and a petition for bankruptcy is presented against it;
4. A receiver or liquidator (where Customer is a company) or (where Customer is an individual) a trustee in bankruptcy is appointed over it or any of its assets;
5. Customer proposes or enters into any arrangement or composition with or for its creditors (including any voluntary arrangement).
In the event that any of the circumstances identified in Clause 8.3 arises, SC shall have the option to terminate this Agreement as regards all Services provided or to be provided or only as regards that Service or those Service in respect of which the breach is considered by SC to have been committed;
In the event that any of the circumstances identified in Clause 8.3 arises, SC shall be entitled to retain any sums paid to it by the Customer hereunder and recover any sums due to it pursuant hereto whether invoiced or not at the date of termination.
SC shall be entitled to terminate the Service without any liability whatsoever, if any licence or authorisation which SC or its suppliers require in order to provide the Service is not obtained, withdrawn or otherwise cancelled.
In the event that the Service is withdrawn from the Customer in accordance with Clause 8.1 and/or Clause 8.3, SC will not be liable for any costs, losses or expenses incurred by the Customer or to any third party.

9. Cancellation by Customer

Where a Customer is deemed to be a consumer for the purposes of the Consumer Protection (Distance Selling) Regulations 2000 or any of placing the order, by sending written notice of cancellation by post to SC. All cancellations are subject to the following provisions:
1. Any data transfer accrued that is over the specified limit for the Service must be settled;
2. All outstanding invoices raised by SC must be paid.
Where the Services include the purchase of licensing for software by SC on behalf of the Customer, in the event of cancellation of the agreement by the client, SC are unable to refund any proportion of the software and/or licensing fees incurred.
SC may without notice remove the Customers data from its systems and any Equipment after expiry of 5 Working Days following cancellation or termination. For the purposes of this clause, the date of cancellation will be either the date that SC receives signed authorisation from the Customer instructing cancellation of the account or the date of expiry of notice of termination served in accordance with these terms and conditions.

10. Limitation of Liability and Warranties

Non-delivery or non-performance of services by any third party other than SC's sub-contractors shall not give the Customer any right to delay any payment to SC or to make any claim whatsoever against SC.
SC shall not be liable for any services or products to be supplied by any third party.
SC shall not be liable for any loss or damage of whatsoever nature suffered by the Customer arising out of or in connection with any breach of this Agreement by the Customer or any act, misrepresentation, error or omission made by or on behalf of the Customer.
SC disclaims all liabilities in connection with the following:
1. loss avoidable by the Customer through reasonable conduct, including following SC's reasonable advice generally;
2. loss of business profits, salary, revenue, savings howsoever caused;
3. indirect or consequential loss howsoever caused;
4. damage remedied by SC within reasonable time;
5. incompatibility of the site with any of the Customer's equipment, software or telecommunications links;
6. technical problems including errors or interruptions of the SC Website;
7. unsuitability, unreliability or inaccuracy of the SC Website;
8. loss of material uploaded to the Server Service;
9. all items excluded from SC's obligations or by Force Majeure.
SC is not responsible for any delay, malfunction, non performance and/or other degradation of performance of the Service caused by or resulting from any alteration, modification and/or amendments due to changes and specifications requested or implemented by the Customer whether or not beyond those already supplied.
Subject to Clauses 10.7 and 10.8 below, no matter how many claims are made and whatever the basis of such claims, SC's maximum aggregate liability to the Customer under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by Clause 10.1 to 10.5 inclusive, or otherwise) whether such claim arises in contract or in tort shall not exceed a sum equal to twice the Fees paid by the Customer pursuant hereto.
None of the Clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of SC, its employees or its sub-contractors.
SC to do not warrant or guarantee the completeness or accuracy or any information or other items made available to the Customer through or as part of the Service. The Customer is responsible for evaluating any goods or services offered by third parties via the Service or on the Internet.
SC makes no warranties or representations that any Service will be uninterrupted or error-free. The Customer accepts the Service provided hereunder as is; without warranty of any kind.
This does not affect your statutory rights as a consumer, including those set out in Clause 9 above.

11. Indemnity

The Customer hereby agrees fully to indemnify, keep indemnified and hold harmless SC, its officers, employees, agents, sub-contractors and affiliated companies from and against any and all costs, claims, losses, damages and expenses (including, but not limited to, legal fees) sustained or incurred by SC or its any of its officers, employees, agents, sub-contractors or affiliated companies directly or indirectly and in any jurisdiction as a result of:
1. any breach of any of the warranties given by the Customer in this Agreement;
2. otherwise howsoever arising out of the provision by SC of any Service hereunder unless on account of breach of contract or negligence by SC;
3. any breach by the Customer of any of its obligations in this Agreement.

12. Intellectual Property Rights

All IPRs relating to the Service including without limit any Internet Protocol Addresses assigned to the Customer are and shall remain the property of SC. SC reserves the right to change the static Internet Protocol Address assigned to the Customer at any time, however SC shall endeavour to give reasonable notice of the change and shall use reasonable endeavours to reduce disruption to the Customer resulting from such changes.
The Customer shall agree to enter into any agreement reasonably required by the owner of the copyright in any software made available to you for the purpose of accessing the Service.
The Customer acknowledges and agrees that all intellectual property rights in the Service are vested and shall remain vested in SC and its agents.

13. Acceptable Use Policy (AUP)

This policy contains guidelines on how the Customer shall use the Service. These guidelines give the Customer clear expectation as to what constitutes fair and reasonable account usage. The Customer acknowledges that it is bound by these guidelines as a user of the Service, in order that SC can operate a reliable Service for all of our customers.
The purposes of the AUP include:
1. To guarantee reliable service to our clients
2. To guarantee the security and privacy of both our systems and network and third-party systems and networks.
3. To satisfy statutory requirements
4. To uphold our reputation as a responsible service provider
5. To promote the responsible use of the Internet, and to discourage any activities that reduce the value and usefulness of Internet services
6. To ensure the privacy and security of individual users
Conduct that violates law, regulation or the accepted norms of the Internet community (see clause 13.4), whether or not expressly mentioned in this policy, is prohibited. SC reserves the right at all times to prohibit such activities including but not limited to instant termination of the Service without a refund.
The following activities such as but not limited to infringe the SC AUP:
1. Fraudulent activities
2. Phishing
3. Unsolicited bulk e-mail (SPAM)
4. E-mail or news bombing
5. Usenet spamming
6. Unauthorised access to third party accounts
7. Network disruptions and other hostile activities e.g. DoS and DdoS
8. Dissemination of computer viruses
Any decision made by SC in relation to this Service shall be final.
SC reserve the right to employ traffic shaping techniques on high usage customers and non-time-sensitive applications such as but not limited to Peer-to-Peer (P2P) file sharing.
If the data transfer usage of the Service by the Customer is continuously and adversely affecting SC's network and the Service to other customers. SC reserve the right (at its sole discretion) to:
1. disable the Customer's Service, without prior notice, until it can reduce its data-transfer usage; or
2. charge the Customer for excess data-transfer at the rate published by SC in this Agreement from time to time;
3. terminate the Customer's Service on 30 days written notice.
The Customer should give SC at least 48hrs notice of any resource intensive activities they wish to perform, so that adequate provisions can be made.

14. Force Majeure

If SC is prevented or delayed in or from performing any of its obligations under this Agreement or the Contract due to circumstances beyond its control such as but not limited to governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the Internet, power failure, communications failure, weather, flood, fire or explosion, natural or local emergency SC shall not be liable for this.

15. Miscellaneous

Subject to Clause 15.2, this written Agreement together with the Schedules hereto and any other expressly incorporated document constitute the entire agreement between the parties hereto relating to the subject matter hereof. Nothing in this Clause 15.1 shall relieve either party of liability for fraudulent misrepresentations and neither party shall be entitled to any remedy for either any negligent or innocent misrepresentation except to the extent (if any) that a court or arbitrator may allow reliance on the same as being fair and reasonable.
If any provision of this Agreement or part thereof shall be void for whatever reason, it shall be deemed deleted and the remaining provisions shall continue in full force and effect.
The rights and obligations of the Customer under this Agreement are personal to the Customer and the Customer undertakes that it shall not, without the prior written consent of SC, assign, lease, charge, sub-license, or otherwise transfer such rights and obligations in whole or in part.
SC reserves the right to sub-contract any of the work required to fulfil its obligations hereunder.
Neither party shall be liable for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance hereunder (other than in relation to payment) resulting from acts or causes beyond its reasonable control as detailed in Clause 14.
Any delay or forbearance by either party in enforcing any provisions of this Agreement or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.
SC reserves the right to vary the terms of this Agreement or the nature of the Service (where the technical specification of the Service is varied) at any time and SC will inform you of any such changes through e-mail newsletter or such other medium, as SC considers appropriate. Changes shall be deemed to have been accepted if the Customer continues to use the Service after a period of two weeks from the date of posting on the Web site.
Clause headings have been included in this Agreement for convenience only and shall not be considered part of, or be used in interpreting, this Agreement.
This Agreement shall be governed by the laws of England and the parties submit to the to the exclusive jurisdiction of the Courts of England.

This Agreement does not affect your statutory rights

Terms and Conditions